Gantt v. North Shore-LIJ Health Sys., 140 A.D.3d 418 (N.Y. App. Div. 2016). · Go Syfert
Gantt v. North Shore-LIJ Health Sys., 140 A.D.3d 418 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
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cited 6× by 4 distinct cases, 2023–2025 · 2 courts · …proof of the facts constituting the claim, the default and the amount due at p. 418 Topic ↗
33 citation events (33 in the last 25 years) across 5 distinct courts.
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) Boutov v. Hanson
N.Y. Sup. Ct., New York Cty. · 2026 · confidence medium
NO. 42 RECEIVED NYSCEF: 03/17/2026 defendant’s default, and proof of the facts constituting the claim (see CPLR 3215[f]; Woodson v Mendon Leasing Corp., 100 NY2d 62, 70-71 [2003]; Bigio v Gooding, 213 AD3d 480 , 481 [1st Dept 2023]; Gray v Doyle, 170 AD3d 969 , 971 [2d Dept 2019]; Gantt v North Shore-LIJ Health Sys., 140 AD3d 418, 418 [1st Dept 2016]; Atlantic Cas.
discussed Cited as authority (rule) Corvera v. Ritz
N.Y. Sup. Ct., New York Cty. · 2026 · confidence medium
Where a plaintiff moves for leave to enter a default judgment, he or she must submit proof of service of the summons and complaint upon the defaulting defendants, proof of the defendant’s default, and proof of the facts constituting the claim or claims (see CPLR 3215[f]; Woodson v Mendon Leasing Corp., 100 NY2d 62, 70-71 [2003]; Bigio v Gooding, 213 AD3d 480 , 481 [1st Dept 2023]; Gray v Doyle, 170 AD3d 969 , 971 [2d Dept 2019]; Gantt v North Shore-LIJ Health Sys., 140 AD3d 418, 418 [1st Dept 2016]; Atlantic Cas.
discussed Cited as authority (rule) Goleret v. 140 W. 132nd St., LLC (2×)
N.Y. App. Term. · 2025 · confidence medium
Civil Court should have granted plaintiff's motion for a default judgment, since she submitted proof of service of the summons and complaint and "proof of the facts constituting the claim, the default and the amount due" ( Gantt v North Shore-LIJ Health Sys. , 140 AD3d 418, 418 [2016]; CPLR 3215 [f]).
discussed Cited as authority (rule) Stravitz v. City of New York
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
Specifically, CPLR §3215(f) provides that: “On any application for judgment by default, the applicant shall file... proof of service of the summons and the complaint, the facts constituting the claim, the default and the amount due by affidavit made by the party, or where the state of facts is not within the personal knowledge of the party, by the party's attorney.” The Appellate Division, First Department, has made clear that a plaintiff establishes entitlement to default judgment where there is: (1) proper service; (2) proof of the facts constituting the claim; and (3) proof of the defa…
discussed Cited as authority (rule) Deepdale Specialty Fin. I LLC v. Harvard Med. Supplies LLC
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
The moving party is required to satisfy the Court as to the prima facie validity of the uncontested cause of action by establishing the facts constituting the claim (Gantt v North Shore-LIJ Health Sys., 140 AD3d 418, 418 [1st Dept 2016]).
discussed Cited as authority (rule) Hereford Ins. Co. v. Physio Care Physical Therapy, PC
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
DISCUSSION CPLR 3215(a) provides, in pertinent part, that "[w]hen a defendant has failed to appear, plead or proceed to trial . . . the plaintiff may seek a default judgment against them." On a motion pursuant to CPLR 3215, a plaintiff demonstrates entitlement to a default judgment by submitting proof of: (1) service of the summons and complaint; (2) the defendant's default in answering, appearing, or otherwise responding to the complaint; (3) the facts constituting the claim; and (4) the amount due ( see CPLR 3215[f]; Gordon Law Firm, P.C. v Premier DNA Corp. , 205 AD3d 416, 417 [1st Dept 202…
discussed Cited as authority (rule) Hereford Ins. Co. v. Physio Care Physical Therapy, PC
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
DISCUSSION CPLR 3215(a) provides, in pertinent part, that "[w]hen a defendant has failed to appear, plead or proceed to trial . . . the plaintiff may seek a default judgment against them." On a motion pursuant to CPLR 3215, a plaintiff demonstrates entitlement to a default judgment by submitting proof of: (1) service of the summons and complaint; (2) the defendant's default in answering, appearing, or otherwise responding to the complaint; (3) the facts constituting the claim; and (4) the amount due ( see CPLR 3215[f]; Gordon Law Firm, P.C. v Premier DNA Corp. , 205 AD3d 416, 417 [1st Dept 202…
discussed Cited as authority (rule) Matter of Petre v. Lucia
N.Y. App. Div. · 2022 · confidence medium
While the absence of a valid nonmilitary affidavit may be a simple irregularity and not a jurisdictional defect ( see Gantt v North Shore-LIJ Health Sys. , 140 AD3d 418, 418 [1st Dept 2016]), the nonmilitary affidavit is a requirement under federal law for any civil action in order to protect military personnel from default judgments ( see 50 USC § 3931 ).
discussed Cited as authority (rule) Hertz Vehicles, LLC v. Mollo
N.Y. App. Div. · 2019 · confidence medium
Plaintiff does not argue that it has been prejudiced as a result of defendants' three month delay in submitting its answer ( Lamar v City of New York , 68 AD3d 449 [1st Dept 2009]), and our determination comports with New York's strong public policy in favor of litigating matters on the merits ( Gantt v North Shore-LIJ Health Sys. , 140 AD3d 418, 419 [1st Dept 2016]).
discussed Cited as authority (rule) Lynch v. City of New York
N.Y. Sup. Ct. · 2017 · confidence medium
Also, plaintiffs have failed to show any prejudice from this brief delay (see Gantt v North Shore-LIJ Health Sys., 140 AD3d 418, 418-419 [1st Dept 2016]; Cirillo v Macy’s, Inc., 61 AD3d 538, 540 [1st Dept 2009]).
discussed Cited "see" Johnson v. 917 Mgt. Corp.
N.Y. App. Term. · 2025 · signal: see · confidence high
A party seeking a default judgment must submit "proof of service of the summons and complaint and proof of the facts constituting the claim, the default and the amount due" (CPLR 3215 [f]; see Gantt v North Shore-LIJ Health Sys. , 140 AD3d 418, 418 [2016]).
discussed Cited "see" Pentagram Design, Inc. v. Change of Heart Clothing Corp. (2×)
N.Y. App. Term. · 2024 · signal: see · confidence high
A party seeking a default judgment must submit proof of service of the summons and complaint and "proof of the facts constituting the claim, the default and the amount due" (CPLR 3215 [f]; see Gantt v North Shore-LIJ Health Sys., 140 AD3d 418 [2016]).
discussed Cited "see" Bigio v. Gooding
N.Y. App. Div. · 2023 · signal: see · confidence high
A party seeking a default judgment must submit proof of service of the summons and the complaint and "proof of the facts constituting the claim, the default and the amount due" (CPLR 3215[f]; see Gantt v North Shore-LIJ Health Sys. , 140 AD3d 418, 418 [1st Dept 2016]).
discussed Cited "see" Bigio v. Gooding
N.Y. App. Div. · 2023 · signal: see · confidence high
A party seeking a default judgment must submit proof of service of the summons and the complaint and "proof of the facts constituting the claim, the default and the amount due" (CPLR 3215[f]; see Gantt v North Shore-LIJ Health Sys. , 140 AD3d 418, 418 [1st Dept 2016]).
Retrieving the full opinion text from the archive…
Gail Gantt, Appellant,
v.
North Shore-LIJ Health System Et Al., Respondents
159079/14 1365N 1364.
Appellate Division of the Supreme Court of the State of New York.
Jun 2, 2016.
140 A.D.3d 418
Acosta, Saxe, Gische, Web-Ber, Kahn.
Cited by 23 opinions  |  Published

Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered on or about January 23, 2015, which, to the extent appealed from, denied plaintiff’s motion for a default judgment against defendants, and order, same court and Justice, entered April 21, 2015, which, to the extent appealed from, denied plaintiff’s motion to renew, and deemed defendants’ answer served, unanimously affirmed, with costs.

Plaintiff satisfied the requirements of CPLR 3215 (f) for a default judgment by providing proof of service of the summons and complaint and proof of the facts constituting the claim, the default and the amount due. However, we decline to disturb the motion court’s exercise of its broad discretion in finding sufficient defendants’ excuse for their delay in answering the complaint (Cirillo v Macy’s, Inc., 61 AD3d 538, 540 [1st Dept 2009]), i.e., the parties’ settlement discussions (see Polanco v Scott, 41 AD3d 182 [1st Dept 2007]; Finkelstein v East 65th St. Laundromat, 215 AD2d 178 [1st Dept 1995]).

We note, contrary to the motion court, that any irregularity in the affidavit of nonmilitary service submitted on plaintiff’s motion for a default judgment did not rise to the level of a jurisdictional defect, since defendant Hilerio never made any pretense of either being on active military duty or being a military dependent at the time of her default (see Department of Hous. Preserv. & Dev. of City of N.Y. v West 129th St. Realty Corp., 9 Misc 3d 61 [App Term, 1st Dept 2005]).

The motion court properly deemed defendants’ answer[*419] served, in light of defendants’ reasonable excuse for the delay, the relatively short delay, plaintiff’s failure to demonstrate prejudice, and the strong preference in this State for deciding matters on the merits.

We have considered plaintiff’s remaining contentions and find them unavailing.

Concur — Acosta, J.P., Saxe, Gische, Web-ber and Kahn, JJ.